Definitions from Case Law

It was not enough in their absence that the complainant should state, and the defendant admit, that the latter had paid these judgments, and was now the only person interested in t

parties having no legal interest in maintaining or reversing a judgment or decree are not necessary parties to a writ of error or appeal.

while [the absent party] is a necessary party, in the sense that he has an interest in the controversy, his interest is not that of an indispensable party, without whose presence a

services which may be provided by grantees which are— (A) pregnancy testing and maternity counseling; (B) adoption counseling and referral services which present adoption as an opt

Merely because an occupation involves a function not indispensable to the production of goods, in the sense that it can be done without, does not exclude it from the scope of the F

What is required is a practical judgment as to whether the particular employer actually operates the work as part of an integrated effort for the production of goods.

the work of the employees in these cases had such a close and immediate tie with the process of production for commerce, and was therefore so much an essential part of it, that the

The necessity must be urgent, and proceed from such a state of things as may be supposed to produce on the mind of a skilful mariner, a well grounded apprehension of the loss of ve

Such necessity for repairs and supplies is proved where such circumstances of exigency are shown as would induce a prudent owner, if present, to order them, or to provide funds for

Before we may undertake to review a decision of the court of a State it must appear affirmatively from the record, not only that the federal question was presented for decision to

In prior cases involving an indigent defendant's claim of right to a free transcript, this Court has identified two factors that are relevant to the determination of need: (1) the

a petitioner's showing of 'need for relief' under Ch. X, required to be contained in every petition by the express provisions of § 130(7), must demonstrate that at least in some su

The 'need' of the carrier which Congress has directed the Board to consider in fixing a subsidy rate is 'the need' of the carrier as a whole. If the carrier's treasury is lush, 'th

inevitably implied.' The court of appeals of the Sixth circuit, by Circuit Judge Lurton, adopts Lord Hardwicke's explanation, quoted by Lord Eldon in Wilkinson v. Adam, 1 Ves.

it is not incumbent on the prosecution to adduce positive evidence to support a negative averment the truth of which is fairly indicated by established circumstances and which, if

When a statute limits a thing to be done in a particular mode, it includes the negative of any other mode.

A negative order which denies relief without more compels nothing requiring enforcement, and contemplates no action susceptible of being stayed by an injunction or affected by a de

An order of the Commission dismissing a complaint on the merits and maintaining the status quo is an exercise of administrative function, no more and no less, than an order directi

meaning 'not to attend to with due care or attention; to forbear one's duty in regard to; to suffer to pass unimproved, unheeded, undone.' In the Standard Dictionary the word is de

personal negligence of the owner, or, in case of a corporate owner, negligence of its managing officers or agents; and that the negligence of the master, chief engineer, or other s

the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing something which a

Where negligence is a mere question of fact, and nothing appears which is negligence per se, the determination of the question is peculiarly the province of a jury, and its conclus

Of an infant of tender years less discretion is required, and the degree depends upon his age and knowledge. Of a child of three years of age less caution would be required than of

where the Employers' Liability Act refers to 'any defect or insufficiency, due to its negligence, in its cars, engines, appliances,' etc., it clearly is the legislative intent to t

To say that a claim arises out of 'negligence,' rather than 'misrepresentation,' when the loss suffered by the injured party is caused by the breach of a 'specific duty' owed by th

To make Bills, or Notes, assignable, the power to assign them must appear in the instruments themselves; and then, the custom of merchants, in the case of Bills of Exchange, and th

Written contracts are not necessarily negotiable simply because by their terms they enure to the benefit of the bearer. Doubtless the certificates were assignable, and they would h

By making a note negotiable in bank, the maker authorizes the bank to advance on his credit to the owner of the note the sum expressed on its face. It would be a fraud on the bank

The possession of such paper carries the title with it to the holder: 'The possession and title are one and inseparable.

The paper on which the suit is brought, is not negotiable by the usage or custom of merchants; it is payable to order; the promise is to pay so many dollars, but not to pay any cer

relative proximity, to a preference for a school nearer to, rather than more distant from, home.

It is a familiar rule that one who has no title to chattels cannot transfer title unless he has the owner's authority or the owner is estopped. It follows that, in the absence of c

gross dividend income less $750.

federal taxable income" with specified adjustments.

The net estate as there used does not mean an amount to be ascertained as such under any general rule of law or under statutes governing the administration of estates, but is the g

the total amount of gifts made during the calendar year, less the deductions provided in section 505.

the gross income as defined in section 213, less the deductions allowed by section 214.

the excess of the deductions allowed by section 955 or 986 of this title over the gross income, with the following exceptions and limitations.

The net losses consist of any deficit from operations plus any shrinkage in value of the plant investment. In calculating the loss for a period it is immaterial whether items enter

the excess of the deductions allowed by this chapter over the gross income, with the exceptions and limitations provided in subsection (d).

Those provisions were enacted to ameliorate the unduly drastic consequences of taxing income strictly on an annual basis. They were designed to permit a taxpayer to set off its lea

the deduction allowed by this subsection.

Such securities constitute the statutory 'net proceeds,' and, by the clear import of the statute, claimant's rights in respect of such proceeds are not inferior to his rights in re

Net proceeds of sale' thus means no more than gross proceeds less charges which may be rightly deducted

Compensation to an officer for his services constitutes a part of operating expenses deductible from earnings in order to ascertain net profits. It is immaterial whether such compe

railway operating income, including in the computation thereof debits and credits arising from equipment rents and joint facility rents.

a facility or equipment used in the provision of a telecommunications service.

the Government, having concluded that the taxpayer's records are inadequate as a basis for determining income tax liability, attempts to establish an 'opening net worth' or total n

The net worth technique, as used in this case, is not a method of accounting different from the one employed by defendants. It is not a method of accounting at all, except insofar

Petitioner is entitled to a neutral and detached judge in the first instance.

the inferences from the facts which lead to the complaint 'be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive ent

So far from such documents, when intended only as a cover, affording any protection to the property, they render the party resorting to them doubly criminal, by the scene of fraud

If two nations are at war, a neutral power shall not do any act, in favor of the commercial, or military, operations of one of them; or, in other words, it shall not, by treaty, af

This is precisely the legal idea of a neutral nation: It implies two nations at war, and a third in friendship with both.

War notoriously exists, and is recognised by our government to exist, between Spain and her colonies. This is an appeal to the highest of all tribunals on a question of right. No n

The principles of international law recognized by this government, leaving the treaty aside, will not permit the ports of the United States to be thus used by belligerents. If such

neutral principles of law, developed for use in all property disputes, which can be applied without 'establishing' churches to which property is awarded

Neutral property cannot be captured: For, while the character of neutrality is preserved, such property is the property of a friend, on which the rights of war cannot attach

The distinction between the purchase of vessels of war from the belligerent, in time of war, by neutrals, in a neutral port, and of merchant vessels, is founded on reason and justi

Parties having no relation to either the dispute or the industry in which it arose; a business wholly outside the economic context of the real dispute, of a person whose relation t

where goods, destined ultimately for a belligerent port, are being conveyed between two neutral ports by a neutral ship, under a charter made in good faith for that voyage, and wit

it was the plain duty of a neutral claiming to be engaged in trade with Matamoras, under circumstances which warranted close observation by the blockading squadron, to keep his ves

Amendments in causes where the statute of limitations has run, * * * will not as a rule be held to state a new cause of action if the facts alleged show substantially the same wron

(1) Any drug (except a new animal drug or an animal feed bearing or containing a new animal drug) the composition of which is such that such drug is not generally recognized, among

entry into a contract that would favor the "economical development of resources located in Burma," or would provide ownership interests in or benefits from such development, §570(f

a new license of the same type or class as that already held.

with respect to any presidential election, a political party which is neither a major party nor a minor party.

An acknowledgment which will revive the original cause of action, must be unqualified and unconditional. It must show, positively, that the debt is due, in whole or in part. If it

the new promise is founded upon the illegal consideration; a debt or demand growing out of the illegal transactions: and is as infirm, in the eye of the law, as the implied promise

those that were not dictated by precedent existing at the time the defendant's conviction became final.

a large number of local newspapers and radio stations, this category likely describes a multitude of sources that would seldom come to the attention of the Attorney General.

the order granting the new trial has the effect of vacating the former judgment, and to render it null and void, and the parties are left in the same situation as if no trial had e

New York decisional law, including that State's allocation of power between courts and arbitrators, notwithstanding otherwise-applicable federal law." But, as we have demonstrated,

A next friend is neither the agent nor attorney for his ward. An agent or attorney derives his authority as such from his principal, but an infant cannot appoint an agent and empow

The only relation mentioned by the statute to the deceased essential to the maintenance of this suit, is that of widow or next of kin; to say, they must have a legal claim on him f

under this Act, unlike the state statutes of descent and distribution, a member of the third class must be not only next of kin but also dependent on the deceased in order to recov

the time from five o'clock postmeridian to eight o'clock antemeridian.

The federal regulatory scheme (1) protects some activities, though not violence ... (2) prohibits some practices, and (3) leaves others to be controlled by the free play of economi

the power to command affirmative action is remedial, not punitive, and is to be exercised in aid of the Board's authority to restrain violations and as a means of removing or avoid

the power of the Board 'to command affirmative action is remedial, not punitive, and is to be exercised in aid of the Board's authority to restrain violations and as a means of rem

There being no common law of copyright in this country, whatever rights are possessed by the proprietor of the copyright must be derived from some grant thereof, in some act of con

There is no constitutional right to be arrested. The police are not required to guess at their peril the precise moment at which they have probable cause to arrest a suspect, riski

the case of a. trustee neglecting to sue', though he might by suing earlier have recovered a trust fund — in that case he is made liable for want of due diligence in his trust.

This is a possessory action, and the plaintiff, to entitle himself to recover, must have the right of possession; and whatever takes away this right of possession, will deprive him

Noerr shields from the Sherman Act a concerted effort to influence public officials regardless of intent of purpose. Joint efforts to influence public officials do not violate the

The proposition for which that case stands is simple and clear. It has nothing to do with concepts relating to the weight or sufficiency of the evidence in any particular case. It

there is no necessity for placing the decision on this ground, since, notwithstanding the resolution of the board is expressed in the present tense, a future operation must necessa

So long as no deception is practised, so long as the goods are truly invoiced and freely and honestly exposed to the officers of customs for their examination, no fraud is committe

not only the "Indian *224 lands" exception, but one for security interests and water rights, as well as a statute of limitations, a bar on jury trials, jurisdictional and venue con

a person who had been successful at law has been allowed to file a bill for an account of rents and profits during' the tortious possession held against him; or in which the comple

There can be no civil right where there can be no legal remedy; and there can be no legal remedy for that which is itself illegal... no court of justice can in its nature be made t

declaring 'that he will not, at that time, prosecute the suit further. Its effect is to put the defendant without day, that is, he is discharged and permitted to go whithersoever h

A nolle prosequi entered with the consent—implied in the order—required to reinstate the prosecution at a future date, so that 'the solicitor (without further order) may have the c

Like the implied confession, this plea does not create an estoppel; but, like the plea of guilty, it is an admission of guilt for the purposes of the case.

There may have been so few sales of similar property that we cannot predict with any assurance that the prices paid would have been repeated in the sale we postulate of the propert

The claim pressed by the stockholder against directors or third parties is not his own but the corporation's. The corporation is a necessary party to the action; without it the cas

natural gas which is not produced in association with crude oil.

Congress was designed to make full deductibility of a bad debt turn upon its proximate connection with activities which the tax laws recognized as a trade or business, a concept wh

a debt other than a debt evidenced by a security as defined in paragraph (3) and other than a debt the loss from the worthlessness of which is incurred in the taxpayer's trade or b

a debt other than— (A) a debt created or acquired (as the case may be) in connection with a trade or business of the taxpayer; or (B) a debt the loss from the worthlessness of whic